United States Third Circuit

In a trade dress infringement action brought by the marketer of the artificial sweetener Splenda against defendants, who package and distribute sucralose as store brands to a number of retail grocery chains, alleging their product packaging is confusingly similar to Splenda's, denial of plaintiff's motion for a preliminary injunction is affirmed in part, but reversed in part as to certain boxes and bags where plaintiff demonstrated a likelihood of success on the merits with respect to the third element of trade dress infringement, as there was a likelihood of confusion between those products' trade dresses and the analogous Splenda trade dress.

Appellate Information

• Argued 10/24/2007
• Decided 12/26/2007
• Published 12/26/2007

Judges

• Before:  FISHER, STAPLETON and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven A. Zalesin (Argued), Karla G. Sanchez, David G. Sewell, Patterson, Belknap, Webb & Tyler, New York, NY, Alfred W. Putnam, Jr., Andrea L. D'Ambra, Drinker, Biddle & Reath, Philadelphia, PA, Attorneys for Appellant.


• For Appellees:
  
• Lizanne V. Hackett, Flaster Greenberg, Cherry Hill, NJ, Abbe F. Fletman (Argued), Flaster Greenberg, Philadelphia, PA, William L. O'Connor, Dann, Pecar, Newman & Kleiman, Indianapolis, IN, Attorneys for Appellees.